National Green Tribunal
News Item Titled "Sand Mafia Destroys ... vs Central Pollution Control Board & Ors on 9 February, 2026
Item No. 14 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 924/2024
(IA No 225/2025)
News Item Titled "Sand Mafia Destroys Jhelum Embankment Puts
Thousands at Risk" appearing in Daily Excelsior dated 09.07.2024
Versus
Central Pollution Control Board & Ors. Respondent(s)
Date of hearing: 09.02.2026
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondents: Ms. Ruchi Kohli, Senior Advocate with Ms. Srishti Mishra, Adv. for MoEF
& CC (Through VC)
Mr. Gautam Singh, Adv. for UT of J&K (Through VC)
Ms. Soni Singh, Adv. for CPCB (Through VC)
ORDER
1. The Respondent No. 5 has filed the compliance report dated 26.11.2025 taking the stand that in terms of the amendments made in the Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 by the Notification of the Government of Jammu & Kashmir dated 15.11.2022, the cases covered by Appendix-IX of the Notification dated 28.03.2020 issued by the MoEF&CC are exempted in Jammu & Kashmir from requirement of EC. The amendment notification dated 15.11.2020 has been placed on record. The relevant clauses of which are as under:
"Government of Jammu and Kashmir Mining Department Civil Secretariat, J&K Notification, Jammu, the 15th of November, 2022 S.O.599- In exercise of the powers conferred by section 15 read with section 23C of the Mines & Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957), the Government hereby makes the 1 following amendments in the Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016; namely:-
1. In rule 13.-
(i) after clause (b) to first proviso, the following proviso shall be added as second proviso; namely:-
"Provided further that the cases as listed in Appendix-IX of notification S.O 1224 (E) dated 28th March 2020 issued by the Ministry of Environment, Forest & Climate Change, Gol, shall be exempted from the requirement of Environmental Clearances."
(ii) Second proviso shall be re-numbered as third proviso and substituted by the following; namely:-
"Provided also the manual customary extraction of sand, silt and clay by local Hanjis, Khanias, Muleteers etc. shall be exempted from the requirement of Environmental Clearances."
2. Learned Counsel appearing for the Respondents No. 3 to 5 seeks time to argue on the correctness of such a stand of the Jammu & Kashmir.
3. Learned Counsel appearing for the MoEF&CC also seeks time to examine if such an exemption could have been granted by the State.
4. Learned Counsel for the Respondents No. 3 to 5 has further submitted that no short-term permits in terms of the above amendment are being issued and he has made a statement that no such short-term permits will be issued till the next date of hearing.
5. List on 26.02.2026.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM February 09, 2026 Original Application No. 924/2024 (IA No 225/2025) dv 2